Case: Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives

6:25-cv-00056 | U.S. District Court for the Northern District of Texas

Filed Date: July 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the enforceability of the National Firearms Act (NFA) after the One Big Beautiful Bill Act (OBBBA) zeroed the manufacture and transfer tax on most firearms regulated under the NFA.  On July 4, 2025, Silencer Shop Foundation; Gun Owners of America (GOA); Firearms Regulatory Accountability Coalition (FRAC); B&T USA; Palmetto State Armory; SilencerCo Weapons Research (SilencerCo); Gun Owners Foundation (GOF); and one individual filed this lawsuit in the U.S. District Court for…

This case challenges the enforceability of the National Firearms Act (NFA) after the One Big Beautiful Bill Act (OBBBA) zeroed the manufacture and transfer tax on most firearms regulated under the NFA. 

On July 4, 2025, Silencer Shop Foundation; Gun Owners of America (GOA); Firearms Regulatory Accountability Coalition (FRAC); B&T USA; Palmetto State Armory; SilencerCo Weapons Research (SilencerCo); Gun Owners Foundation (GOF); and one individual filed this lawsuit in the U.S. District Court for the Northern District of Texas against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and its Acting Director, the U.S. Department of Justice (DOJ), and the U.S. Attorney General. Plaintiffs challenged the continued enforcement of the NFA following the enactment of the OBBBA, which eliminated the manufacture and transfer tax on nearly all NFA-regulated firearms. They alleged that the NFA exceeded Congress's authority under Article I of the U.S. Constitution and sought declaratory relief, declaring the NFA's registration and transfer requirements as unconstitutional, and injunctive relief, preventing the ATF from enforcing the registration and transfer requirements. 

The NFA imposes federal registration and transfer requirements on certain firearms, including machine guns, short-barreled rifles and shotguns, silencers, and destructive devices. It generally requires these weapons to be registered with the federal government and subjects their transfers to federal approval. The NFA also taxes firearm transfers. When the NFA was enacted in 1934, it imposed a $200 tax (a little less than $5,000 in 2025 money) on the manufacture and transfers of certain classes of firearms. Thus, Congress justified and the Supreme Court upheld the NFA under Congress's taxing authority. Plaintiffs argued that because the tax had been zeroed out on nearly all NFA-regulated firearms (with the exception of machine guns and destructive devices), the NFA is now unconstitutional as taxing power justification is no longer valid, and there is not another Article I power that justifies the act. 

On August 8, 2025, Plaintiffs filed an amended complaint which added 15 states as plaintiffs and also alleged requiring approval from the federal government before transporting or transferring a short-barreled rifle or shotgun violated the Second Amendment. Plaintiffs additionally added a request for declaratory relief, declaring the NFA unconstitutional under the Second Amendment. Plaintiffs alleged that the government cannot bear the burden of showing that there's a comparable historical regulation of short-barreled rifles, short barreled shotguns, or silencers, thus the regulation of these arms is presumptively unconstitutional.  

On October 7, 2025, Plaintiffs moved for summary judgment. On November 20, 2025, the defendants filed a cross-motion for summary judgment, arguing that these regulations are still valid under the taxing power because the regulated businesses are still taxed in other ways, so these regulations are valid without actually creating financial obligations as part of a valid taxing and regulation scheme. Further, these regulations, they claimed, are valid under the Commerce Clause because these are valid regulations of things and businesses in interstate commerce. The defendants also argued that these regulations do not violate the 2nd Amendment because the right to bear arms does not include categories of firearms that are not typically possessed by law-abiding citizens for lawful purposes, which they argued applies to short-barreled shotguns and rifles, and to accessories such as silencers. Further, they maintained that these regulations are consistent with the federal government's regulation of particularly dangerous weapons that are susceptible to criminal misuse. 

On June 8, 2026, the Court consolidated the case with a similar case, Jensen v. ATF, as the two cases presented common questions of law. On the same day, the newly-consolidated parties cross-filed for summary judgment.

On August 5, 2026, the Court issued a declaratory judgment holding the challenged NFA provisions unconstitutional and a permanent injunction preventing the ATF from enforcing the provisions against the consolidated plaintiffs, but not universally. 2026 WL 2255460. The Court denied the plaintiffs’ request for attorneys’ fees without prejudice.

As of August 13, 2026, the defendants have not appealed.

Summary Authors

Sam Black (8/13/2026)

Bryan Waugh (11/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70709999/parties/silencer-shop-foundation-v-bureau-of-alcohol-tobacco-firearms-and/


Attorney for Plaintiff

Aguinaga, Jorge Benjamin (Texas)

Al-Fuhaid, Munera (Texas)

Axt, Philip Jordan (Texas)

Barnett, Brandon Wilson (Texas)

Barta, James A (Texas)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

6:25-cv-00056

Complaint

July 4, 2025

July 4, 2025

Complaint
15

6:25-cv-00056

Complaint

Aug. 8, 2025

Aug. 8, 2025

Complaint
136

6:25-cv-00056

Memorandum Opinion and Order

Silencer Shop Foundation et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al.

Aug. 5, 2026

Aug. 5, 2026

Order/Opinion

2026 WL 2255460

137

6:25-cv-00056

Final Judgment

Silencer Shop Foundation et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al.

Aug. 5, 2026

Aug. 5, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70709999/silencer-shop-foundation-v-bureau-of-alcohol-tobacco-firearms-and/

Last updated Sept. 2, 2026, 3:59 a.m.

Docket for: Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives
ECF Number Date Description Link
1 July 4, 2025

COMPLAINT against All Defendants filed by Silencerco Weapons Research, LLC (d/b/a Silencerco), Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Brady Wetz, B&T USA, LLC, Silencer Shop Foundation, Palmetto State Armory, LLC. (Filing fee $405; Receipt number ATXNDC-15626186) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Declaration of Brady Wetz, # 2 Exhibit(s) Declaration of Erich Pratt, # 3 Cover Sheet Cover Sheet) (Stamboulieh, Stephen) (Attachment 3 replaced after flattening on 7/7/2025) (grl). (Entered: 07/04/2025)

1 Exhibit(s) Declaration of Brady Wetz

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2 Exhibit(s) Declaration of Erich Pratt

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3 Cover Sheet Cover Sheet

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Clearinghouse
2 July 4, 2025

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC (d/b/a Silencerco). (Clerk QC note: No affiliate entered in ECF). (Stamboulieh, Stephen) (Main Document 2 replaced after flattening on 7/7/2025) (grl). (Entered: 07/04/2025)

RECAP
3 July 7, 2025

New Case Notes: A filing fee has been paid. (grl) (Entered: 07/07/2025)

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4 July 8, 2025

Request for Clerk to issue Summons on Defendants filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, Brady Wetz. (Attachments: # 1 Summons on Driscoll, # 2 Summons on Bondi, # 3 Summons on DOJ, # 4 Summons on ATF) (Stamboulieh, Stephen) (Entered: 07/08/2025)

1 Summons on Driscoll

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2 Summons on Bondi

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3 Summons on DOJ

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4 Summons on ATF

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RECAP
5 July 8, 2025

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (grl) (Main Document 5 replaced on 7/8/2025 to change plaintiff's attorney info) (grl). (Entered: 07/08/2025)

RECAP
6 July 11, 2025

MOTION Be Relieved, in part, from LR 83.10 filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, Brady Wetz (Attachments: # 1 Proposed Order)Attorney Brandon Wilson Barnett added to party B&T USA, LLC(pty:pla), Attorney Brandon Wilson Barnett added to party Firearms Regulatory Accountability Coalition Inc(pty:pla), Attorney Brandon Wilson Barnett added to party Gun Owners Foundation(pty:pla), Attorney Brandon Wilson Barnett added to party Gun Owners of America, Inc.(pty:pla), Attorney Brandon Wilson Barnett added to party Palmetto State Armory, LLC(pty:pla), Attorney Brandon Wilson Barnett added to party Silencer Shop Foundation(pty:pla), Attorney Brandon Wilson Barnett added to party Silencerco Weapons Research, LLC(pty:pla), Attorney Brandon Wilson Barnett added to party Brady Wetz(pty:pla) (Barnett, Brandon) (Entered: 07/11/2025)

RECAP
7 July 15, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15653006) filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC (Broggi, Jeremy) (Entered: 07/15/2025)

RECAP
8 July 15, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15653151) filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC (Faucette, Michael) (Entered: 07/15/2025)

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9 July 15, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15653199) filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC (Wyant, Isaac) (Entered: 07/15/2025)

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10 July 16, 2025

ELECTRONIC ORDER granting 6 Motion for leave to appear with local counsel who resides more than 50 miles from the San Angelo courthouse (Ordered by Judge James Wesley Hendrix on 7/16/2025) (chmb) (Entered: 07/16/2025)

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11 July 16, 2025

ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of Jeremy Broggi. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 7/16/2025) (chmb) (Entered: 07/16/2025)

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12 July 16, 2025

ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Michael Faucette. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 7/16/2025) (chmb) (Entered: 07/16/2025)

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13 July 16, 2025

ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of Isaac Wyant. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 7/16/2025) (chmb) (Entered: 07/16/2025)

RECAP
July 16, 2025

Order on Application for Admission Pro Hac Vice

July 16, 2025

Order on Motion for Miscellaneous Relief

14 Aug. 6, 2025

SUMMONS Returned Executed as to Pamela Bondi ; served on 7/25/2025; Bureau of Alcohol, Tobacco, Firearms and Explosives ; served on 7/17/2025; Daniel Driscoll ; served on 7/18/2025; United States Department of Justice ; served on 7/15/2025. (Stamboulieh, Stephen) (Entered: 08/06/2025)

RECAP
15 Aug. 8, 2025

AMENDED COMPLAINT against All Defendants filed by Gun Owners Foundation, Gun Owners of America, Inc., Silencer Shop Foundation, Silencerco Weapons Research, LLC, Firearms Regulatory Accountability Coalition Inc, Brady Wetz, B&T USA, LLC, Palmetto State Armory, LLC, State of West Virginia, State of Idaho, State of Wyoming, State of North Dakota, State of Indiana, State of South Dakota, State of Kansas, State of Georgia, State of South Carolina, State of Oklahoma, State of Texas, State of Utah, State of Montana, State of Alaska, State of Louisiana. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Declaration(s) Declaration of Brady Wetz, # 2 Declaration(s) Declaration of Erich Pratt) (Stamboulieh, Stephen) (Entered: 08/08/2025)

1 Declaration(s) Declaration of Brady Wetz

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2 Declaration(s) Declaration of Erich Pratt

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Clearinghouse
16 Aug. 11, 2025

NOTICE of Attorney Appearance by Michael Adam Zarian on behalf of State of Idaho. (Filer will update contact info in ECF.) (Zarian, Michael) (Entered: 08/11/2025)

RECAP
17 Aug. 12, 2025

Request for Clerk to issue Summons on Defendants filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Montana, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Brady Wetz. (Attachments: # 1 Proposed Summons Bondi, # 2 Proposed Summons DOJ, # 3 Proposed Summons Driscoll, # 4 Proposed Summons NDTX CPC) (Stamboulieh, Stephen) (Entered: 08/12/2025)

RECAP
18 Aug. 12, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15727951) filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC (Obermeier, Stephen) (Entered: 08/12/2025)

RECAP
19 Aug. 12, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15728004) filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC (Garriott, Boyd) (Entered: 08/12/2025)

RECAP
20 Aug. 12, 2025

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (grl) (Entered: 08/12/2025)

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21 Aug. 13, 2025

ELECTRONIC ORDER granting 18 Application for Admission Pro Hac Vice of Stephen J. Obermeier. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 8/13/2025) (chmb) (Entered: 08/13/2025)

RECAP
22 Aug. 13, 2025

ELECTRONIC ORDER granting 19 Application for Admission Pro Hac Vice of Boyd Garriott. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 8/13/2025) (chmb) (Entered: 08/13/2025)

RECAP
Aug. 13, 2025

Order on Application for Admission Pro Hac Vice

Aug. 14, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:21, 22. Mailed to Attorneys Peterson, Miiller, McGrey, O'Kelley, and Gaskins II on Thu Aug 14 12:59:56 CDT 2025 (crt)

Aug. 14, 2025

Order Receipt

23 Aug. 27, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15784876) filed by State of Alaska (Attachments: # 1 Certificate of Good Standing) (Peterson, Aaron) (Main Document 23 replaced after flattening on 8/27/2025) (grl). (Entered: 08/27/2025)

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24 Aug. 27, 2025

ELECTRONIC ORDER granting 23 Application for Admission Pro Hac Vice of Aaron C. Peterson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 8/27/2025) (chmb) (Entered: 08/27/2025)

RECAP
Aug. 27, 2025

Order Receipt

Aug. 27, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II Wed Aug 27 14:16:22 CDT 2025 (crt)

25 Aug. 28, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15788494) filed by State of Georgia (O'Kelley, Elijah) (Entered: 08/28/2025)

RECAP
26 Aug. 28, 2025

ELECTRONIC ORDER granting 25 Application for Admission Pro Hac Vice of Elijah J. O'Kelley. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 8/28/2025) (chmb) (Entered: 08/28/2025)

RECAP
Aug. 28, 2025

Order Receipt

Aug. 28, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Thu Aug 28 14:28:17 CDT 2025 (crt)

27 Aug. 29, 2025

Unopposed MOTION to Withdraw as Attorney Benjamin M. McGrey for Plaintiff State of South Carolina, Unopposed MOTION to Substitute Attorney, Thomas T. Hydrick for Plaintiff State of South Carolina added attorney Ben McGrey,Thomas T. Hydrick for State of South Carolina. Motion filed by State of South Carolina (McGrey, Ben) (Entered: 08/29/2025)

RECAP
28 Aug. 29, 2025

NOTICE of Attorney Appearance by Monroe David Bryant, Jr on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Bryant, Monroe) (Entered: 08/29/2025)

RECAP
29 Sept. 2, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15798768) filed by State of Wyoming (Schelhaas, Ryan) (Entered: 09/02/2025)

RECAP
30 Sept. 2, 2025

ELECTRONIC ORDER granting 29 Application for Admission Pro Hac Vice of Ryan Schelhaas. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/2/2025) (chmb) (Entered: 09/02/2025)

RECAP
31 Sept. 2, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15800748) filed by State of Indiana (Barta, James) (Entered: 09/02/2025)

RECAP
Sept. 2, 2025

Order Receipt

Sept. 2, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:30. mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Tue Sep 2 16:12:23 CDT 2025 (crt)

32 Sept. 3, 2025

ELECTRONIC ORDER granting 31 Application for Admission Pro Hac Vice of James A. Barta. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/3/2025) (chmb) (Entered: 09/03/2025)

RECAP
Sept. 3, 2025

Order Receipt

Sept. 3, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Wed Sep 3 09:10:38 CDT 2025 (crt)

33 Sept. 4, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15810614) filed by State of South Carolina (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Hydrick, Thomas) (Entered: 09/04/2025)

RECAP
34 Sept. 4, 2025

ELECTRONIC ORDER granting 33 Application for Admission Pro Hac Vice of Thomas T. Hydrick. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/4/2025) (chmb) (Entered: 09/04/2025)

RECAP
35 Sept. 4, 2025

NOTICE of Attorney Appearance by Jody Dale Lowenstein on behalf of Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Lowenstein, Jody) (Entered: 09/04/2025)

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36 Sept. 4, 2025

Joint MOTION to Enter Stipulated Schedule filed by Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lowenstein, Jody) Modified docket text to match pdf on 9/4/2025 (grl). (Entered: 09/04/2025)

1 Proposed Order

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Sept. 4, 2025

Order Receipt

Sept. 4, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Thu Sep 4 15:12:18 CDT 2025 (crt)

37 Sept. 5, 2025

ORDER GRANTING MOTION TO ENTER BRIEFING SCHEDULE AND HOLD DEADLINE TO FILE RESPONSE TO COMPLAINT IN ABEYANCE. Before the Court is the parties' joint motion to enter a briefing schedule and hold the defendants' deadline to file a response to the complaint in abeyance. Dkt. No. 36 . The Court grants the motion. The plaintiffs will file their motion for summary judgment on or before October 7, 2025. The defendants will file their combined opposition to plaintiffs' motion and cross-motion for summary judgment on or before November 6, 2025. The plaintiffs will file their combined reply in support of their motion and opposition to the defendants' motion on or before December 8, 2025. The defendants will file their reply in support of their motion on or before January 7, 2026. It is further ordered that the defendants' deadline to respond to the plaintiff's complaint is held in abeyance pending further order from this Court. (Ordered by Judge James Wesley Hendrix on 9/5/2025) (grl) (Entered: 09/05/2025)

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38 Sept. 5, 2025

ORDER granting 27 Motion to Withdraw as Attorney and Motion to Substitute Attorney. Thomas T. Hydrick is substituted as counsel for the State of South Carolina. Benjamin M. McGrey is relieved of his obligations and duties to this Court as attorney-in-charge for the State of South Carolina in this case and is discharged from further responsibilities in representing the State of South Carolina. (Ordered by Judge James Wesley Hendrix on 9/5/2025) (grl) (Entered: 09/05/2025)

RECAP
Sept. 5, 2025

Order Receipt

Sept. 5, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:37, 38. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Fri Sep 5 10:44:29 CDT 2025 (crt)

39 Sept. 8, 2025

ORDER. The Court, having reviewed the docket, notes that the following attorneys are not admitted to practice in the Northern District of Texas: J. Benjamin Aguinaga on behalf of Louisiana; Christian B. Corrigan on behalf of Montana; Garry M. Gaskins, II on behalf of Oklahoma; Amanda Miiller on behalf of South Dakota; Andrew Dymek on behalf of Utah; and Michael R. Williams on behalf of West Virginia. The attorneys are ordered to submit an application for admission pro hac vice within 14 days should they seek to continue representing their respective States in this action. (Ordered by Judge James Wesley Hendrix on 9/8/2025) (grl) (Entered: 09/08/2025)

RECAP
Sept. 8, 2025

Order Receipt

Sept. 8, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Mon Sep 8 16:18:05 CDT 2025 (crt)

40 Sept. 11, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15829171) filed by State of West Virginia (Attachments: # 1 Additional Page(s) List of Admissions, # 2 Additional Page(s) Good Standing Certificate, # 3 Proposed Order Proposed Order) (Williams, Michael) (Entered: 09/11/2025)

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41 Sept. 11, 2025

ELECTRONIC ORDER granting 40 Application for Admission Pro Hac Vice of Michael R. Williams. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/11/2025) (chmb) (Entered: 09/11/2025)

RECAP
Sept. 11, 2025

Order Receipt

Sept. 11, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:41. Mailed to Attorneys Amanda Miiller and Garry M Gaskins II on Thu Sep 11 16:24:59 CDT 2025 (crt)

42 Sept. 15, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15837610) filed by State of Oklahoma (Attachments: # 1 Exhibit(s) GMG Cert. of Good Standing) (Gaskins, Garry) (Entered: 09/15/2025)

RECAP
43 Sept. 15, 2025

ELECTRONIC ORDER granting 42 Application for Admission Pro Hac Vice of Garry M. Gaskins, II. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/15/2025) (chmb) (Entered: 09/15/2025)

RECAP
Sept. 15, 2025

Order on Application for Admission Pro Hac Vice

Sept. 16, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:43. Mailed to Attorney Amanda Miiller on Tue Sep 16 09:13:13 CDT 2025 (crt)

Sept. 16, 2025

Order Receipt

44 Sept. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15845006) filed by State of Utah (Attachments: # 1 Exhibit(s) Certificate of Good Standing). Party Andrew Dymek added. (Dymek, Andrew) (Main Document 44 replaced after flattening on 9/17/2025) (grl). (Entered: 09/17/2025)

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45 Sept. 17, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15845222) filed by State of South Dakota Attorney Grant Michael Flynn added to party State of South Dakota(pty:pla) (Flynn, Grant) (Entered: 09/17/2025)

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46 Sept. 17, 2025

ELECTRONIC ORDER granting 44 Application for Admission Pro Hac Vice of Andrew Dymek. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/17/2025) (chmb) (Entered: 09/17/2025)

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47 Sept. 17, 2025

ELECTRONIC ORDER granting 45 Application for Admission Pro Hac Vice of Grant M. Flynn. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 9/17/2025) (chmb) (Entered: 09/17/2025)

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Sept. 17, 2025

Order Receipt

Sept. 17, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:46, 47. Mailed to Attorney Amanda Miiller on Wed Sep 17 15:39:21 CDT 2025 (crt)

48 Oct. 7, 2025

MOTION for Summary Judgment filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Montana, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Brady Wetz (Attachments: # 1 Proposed Order) (Stamboulieh, Stephen) (Entered: 10/07/2025)

1 Proposed Order

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49 Oct. 7, 2025

Brief/Memorandum in Support filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Montana, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Brady Wetz re 48 MOTION for Summary Judgment (Stamboulieh, Stephen) (Entered: 10/07/2025)

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50 Oct. 7, 2025

Appendix in Support filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Montana, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Brady Wetz re 48 MOTION for Summary Judgment, 49 Brief/Memorandum in Support of Motion,, (Stamboulieh, Stephen) (Entered: 10/07/2025)

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51 Oct. 24, 2025

MOTION to Stay Proceedings filed by Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lowenstein, Jody) (Entered: 10/24/2025)

1 Proposed Order

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52 Oct. 24, 2025

ORDER. Before the Court is the defendants' opposed motion to stay proceedings. Dkt. No. 51 . The motion states that, due to the ongoing government shutdown, the defendants' counsel are unable to work, "even on a voluntary basis," except in certain emergencies. Id. at 2. The defendants' current deadline to submit a response to the plaintiffs' motion for summary judgment and cross-move for summary judgment is November 6, 2025. Id. Because the deadline is fast approaching, the plaintiffs are directed to file a response to the motion no later than October 29, 2025. (Ordered by Judge James Wesley Hendrix on 10/24/2025) (grl) (Entered: 10/24/2025)

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Oct. 24, 2025

Order Receipt

Oct. 24, 2025

***Clerk's Notice of delivery: (see NEF for details) Docket No:52. Mailed to Attorney Amanda Miiller on Fri Oct 24 14:43:42 CDT 2025 (crt)

53 Oct. 28, 2025

MOTION to Withdraw as Attorney filed by State of South Dakota (Miiller, Amanda) (Entered: 10/28/2025)

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54 Oct. 29, 2025

RESPONSE filed by B&T USA, LLC, Firearms Regulatory Accountability Coalition Inc, Gun Owners Foundation, Gun Owners of America, Inc., Palmetto State Armory, LLC, Silencer Shop Foundation, Silencerco Weapons Research, LLC, State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Montana, State of North Dakota, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, Brady Wetz re: 51 MOTION to Stay Proceedings (Attachments: # 1 Proposed Order) (Stamboulieh, Stephen) (Entered: 10/29/2025)

1

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55 Oct. 29, 2025

ORDER granting 53 Motion to Withdraw as Attorney. Attorney Amanda Miiller terminated. (Ordered by Judge James Wesley Hendrix on 10/29/2025) (grl) (Entered: 10/29/2025)

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56 Oct. 30, 2025

ORDER DENYING MOTION TO STAY IN PART. Before the Court is the defendants' opposed motion to stay proceedings. Dkt. No. 51 . The Court denies the motion in part. Accordingly, the Court will give the defendants an additional week to respond. The defendants must submit their combined response to the motion for summary judgment and cross-motion for summary judgment on or before November 13, 2025. All other deadlines remain in place. (Ordered by Judge James Wesley Hendrix on 10/30/2025) (grl) (Entered: 10/30/2025)

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57 Nov. 10, 2025

Consent MOTION for Extension of Time to File Combined Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lowenstein, Jody) (Entered: 11/10/2025)

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58 Nov. 12, 2025

ORDER. Before the Court is the defendants' unopposed motion to extend briefing deadlines. Dkt. No. 57 . The court grants the motion. The defendants shall file their combined opposition to the plaintiffs' motion and cross-motion for summary judgment on or before November 20, 2025. The plaintiffs shall file their combined reply in support of their motion and opposition to the defendants' motion on or before December 15, 2025. All other scheduling deadlines remain in place. See Dkt. No. 37 . (Ordered by Judge James Wesley Hendrix on 11/12/2025) (grl) (Entered: 11/12/2025)

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59 Nov. 20, 2025

Cross MOTION for Summary Judgment filed by Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice (Lowenstein, Jody) (Entered: 11/20/2025)

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60 Nov. 20, 2025

Brief/Memorandum in Support filed by Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice re 59 Cross MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment (Lowenstein, Jody) (Entered: 11/20/2025)

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61 Nov. 20, 2025

Appendix in Support filed by Pamela Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel Driscoll, United States Department of Justice re 59 Cross MOTION for Summary Judgment (Lowenstein, Jody) (Entered: 11/20/2025)

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62 Dec. 2, 2025

Unopposed MOTION for Leave to File an Amicus Brief filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Proposed Order)Attorney Caitlyn E Silhan added to party City of Baltimore, MD(pty:am), Attorney Caitlyn E Silhan added to party City of Columbus, Ohio(pty:am), Attorney Caitlyn E Silhan added to party Harris County Texas(pty:am) (Silhan, Caitlyn) (Attachment 1 replaced to correct page number error per Attorney Silhan on 12/3/2025) (grl). (Entered: 12/02/2025)

1 Exhibit(s)

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2 Proposed Order

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63 Dec. 2, 2025

MOTION in Part, from LR 83.10 filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas (Attachments: # 1 Proposed Order) (Silhan, Caitlyn) (Entered: 12/02/2025)

1 Proposed Order

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64 Dec. 2, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16026509) filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas Attorney Joel L McElvain added to party City of Baltimore, MD(pty:am), Attorney Joel L McElvain added to party City of Columbus, Ohio(pty:am), Attorney Joel L McElvain added to party Harris County Texas(pty:am) (McElvain, Joel) (Entered: 12/02/2025)

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65 Dec. 3, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16027827) filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Cooper, Ryan) (Entered: 12/03/2025)

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66 Dec. 3, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16027974) filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Brewer, Simon) (Entered: 12/03/2025)

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67 Dec. 3, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16028362) filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas (Attachments: # 1 Proposed Order) (Siegel, Samuel) (Entered: 12/03/2025)

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68 Dec. 5, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16033594) filed by City of Baltimore, MD, City of Columbus, Ohio, Harris County Texas (Bhattacharyya, Rupa) (Entered: 12/05/2025)

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69 Dec. 10, 2025

MOTION for Leave to File Amicus Brief in Support of Defendants filed by Brady Center to Prevent Gun Violence, Everytown for Gun Safety, Giffords Law Center to Prevent Gun Violence with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order). Party Brady Center to Prevent Gun Violence, Everytown for Gun Safety, and Giffords Law Center to Prevent Gun Violence added.Attorney Matthew Olsen added to party Brady Center to Prevent Gun Violence(pty:am), Attorney Matthew Olsen added to party Everytown for Gun Safety(pty:am), Attorney Matthew Olsen added to party Giffords Law Center to Prevent Gun Violence(pty:am) (Olsen, Matthew) (Entered: 12/10/2025)

1 Proposed Amicus Brief

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2 Proposed Order

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70 Dec. 10, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16047249) filed by Brady Center to Prevent Gun Violence, Everytown for Gun Safety, Giffords Law Center to Prevent Gun Violence (Olsen, Matthew) (Entered: 12/10/2025)

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71 Dec. 10, 2025

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16047250) filed by Brady Center to Prevent Gun Violence, Everytown for Gun Safety, Giffords Law Center to Prevent Gun Violence Attorney Joshua Alexander Geltzer added to party Brady Center to Prevent Gun Violence(pty:am), Attorney Joshua Alexander Geltzer added to party Everytown for Gun Safety(pty:am), Attorney Joshua Alexander Geltzer added to party Giffords Law Center to Prevent Gun Violence(pty:am) (Geltzer, Joshua) (Entered: 12/10/2025)

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72 Dec. 10, 2025

MOTION for Partial Relief from Local Rule 83.10(a) filed by Brady Center to Prevent Gun Violence, Everytown for Gun Safety, Giffords Law Center to Prevent Gun Violence with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Olsen, Matthew) (Entered: 12/10/2025)

1 Proposed Order

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Case Details

State / Territory:

Texas

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

One individual plaintiff, three Second Amendment advocacy groups, a firearms manufacturer advocacy group, two firearms manufacturers, a silencer manufacturer, and the states of Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.

Plaintiff Type(s):

Closely-held (for profit) corporation

Non-profit NON-religious organization

Private Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

United States Department of Justice

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Second Amendment (Right to Bear Arms)

Spending/Appropriations Clauses

Other Dockets:

Northern District of Texas 6:25-cv-00056

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Recommended Citation